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The domestic application of the Covenant 1998, para. 14
- Paragraph text
- Within the limits of the appropriate exercise of their functions of judicial review, courts should take account of Covenant rights where this is necessary to ensure that the State's conduct is consistent with its obligations under the Covenant. Neglect by the courts of this responsibility is incompatible with the principle of the rule of law, which must always be taken to include respect for international human rights obligations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1998
Párrafo
International technical assistance measures 1990, para. 10
- Paragraph text
- Finally, the Committee wishes to draw attention to the important opportunity provided to States parties, in accordance with article 22 of the Covenant, to identify in their reports any particular needs they might have for technical assistance or development cooperation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
The right to work (Art. 6) 2005, para. 8
- Paragraph text
- Articles 6, 7 and 8 of the Covenant are interdependent. The characterization of work as decent presupposes that it respects the fundamental rights of the worker. Although articles 7 and 8 are closely linked to article 6, they will be dealt with in separate general comments. Reference to articles 7 and 8 will therefore only be made whenever the indivisibility of these rights so requires.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The right to social security (Art. 9) 2007, para. 5
- Paragraph text
- Other forms of social security are also acceptable, including (a) privately run schemes, and (b) self-help or other measures, such as community-based or mutual schemes. Whichever system is chosen, it must conform to the essential elements of the right to social security and to that extent should be viewed as contributing to the right to social security and be protected by States parties in accordance with this general comment.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2007
Párrafo
The right to adequate housing 1991, para. 15
- Paragraph text
- Many of the measures that will be required will involve resource allocations and policy initiatives of a general kind. Nevertheless, the role of formal legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter (paras. 6 67) has drawn attention to the types of measures that might be taken in this regard and to their importance.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1991
Párrafo
The right to the highest attainable standard of health (Art. 12) 2000, para. 44b
- Paragraph text
- [The Committee also confirms that the following are obligations of comparable priority:] To provide immunization against the major infectious diseases occurring in the community;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2000
Párrafo
The right to work (Art. 6) 2005, para. 35
- Paragraph text
- Violations of the obligation to protect follow from the failure of States parties to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to work by third parties. They include omissions such as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to work of others; or the failure to protect workers against unlawful dismissal.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The right to water (Art. 11 and 12) 2002, para. 46
- Paragraph text
- Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to water, and should be repealed, amended or changed if inconsistent with Covenant requirements.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to work (Art. 6) 2005, para. 12a
- Paragraph text
- [The exercise of work in all its forms and at all levels requires the existence of the following interdependent and essential elements, implementation of which will depend on the conditions present in each State party:] Availability. States parties must have specialized services to assist and support individuals in order to enable them to identify and find available employment;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2005
Párrafo
The right to work (Art. 6) 2005, para. 41
- Paragraph text
- States parties should adopt a national strategy, based on human rights principles aimed at progressively ensuring full employment for all. Such a national strategy also imposes a requirement to identify the resources available to States parties for achieving their objectives as well as the most cost effective ways of using them.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The right to work (Art. 6) 2005, para. 20
- Paragraph text
- The fact that realization of the right to work is progressive and takes place over a period of time should not be interpreted as depriving States parties' obligations of all meaningful content. It means that States parties have a specific and continuing obligation "to move as expeditiously and effectively as possible" towards the full realization of article 6.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The right to work (Art. 6) 2005, para. 54
- Paragraph text
- Trade unions play a fundamental role in ensuring respect for the right to work at the local and national levels and in assisting States parties to comply with their obligations under article 6. The role of trade unions is fundamental and will continue to be considered by the Committee in its consideration of the reports of States parties.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The right to work (Art. 6) 2005, para. 45
- Paragraph text
- States parties should develop and maintain mechanisms to monitor progress towards the realization of the right to freely chosen or accepted employment, to identify the factors and difficulties affecting the degree of compliance with their obligations and to facilitate the adoption of corrective legislative and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2005
Párrafo
The right to social security (Art. 9) 2007, para. 10
- Paragraph text
- While the elements of the right to social security may vary according to different conditions, a number of essential factors apply in all circumstances as set out below. In interpreting these aspects, it should be borne in mind that social security should be treated as a social good, and not primarily as a mere instrument of economic or financial policy.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2007
Párrafo
The right to social security (Art. 9) 2007, para. 25
- Paragraph text
- If a social security scheme requires contributions, those contributions should be stipulated in advance. The direct and indirect costs and charges associated with making contributions must be affordable for all, and must not compromise the realization of other Covenant rights
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2007
Párrafo
The right to adequate food (Art. 11) 1999, para. 16
- Paragraph text
- Some measures at these different levels of obligations of States parties are of a more immediate nature, while other measures are more of a long-term character, to achieve progressively the full realization of the right to food.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
Párrafo
The right to work (Art. 6) 2005, para. 40
- Paragraph text
- United Nations agencies and programmes should, upon States parties' request, assist in drafting and reviewing relevant legislation. The ILO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of employment.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2005
Párrafo
The nature of States parties’ obligations 1990, para. 7
- Paragraph text
- Other measures which may also be considered "appropriate" for the purposes of article 2 (1) include, but are not limited to, administrative, financial, educational and social measures.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
The right to education (Art. 13) 1999, para. 7
- Paragraph text
- [The right to receive an education] When considering the appropriate application of these "interrelated and essential features" the best interests of the student shall be a primary consideration.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 1999
Párrafo
The right to adequate housing 1991, para. 3
- Paragraph text
- Although a wide variety of international instruments address the different dimensions of the right to adequate housing article 11 (1) of the Covenant is the most comprehensive and perhaps the most important of the relevant provisions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1991
Párrafo
The right to social security (Art. 9) 2007, para. 80
- Paragraph text
- Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to social security in the exercise of their functions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2007
Párrafo
Plans of action for primary education (Art. 14) 1999, para. 5
- Paragraph text
- Article 14 contains a number of elements which warrant some elaboration in the light of the Committee's extensive experience in examining State party reports.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1999
Párrafo
The right to water (Art. 11 and 12) 2002, para. 58
- Paragraph text
- Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to water in the exercise of their functions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 20
- Paragraph text
- The right to water, like any human right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
Reporting by States Parties 1989, para. 4
- Paragraph text
- While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where "compulsory primary education, free of charge" has not yet been secured for all, a comparable obligation "to work out and adopt a detailed plan of action for the progressive implementation" of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 "to take steps ... by all appropriate means ...".
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1989
Párrafo
International technical assistance measures 1990, para. 1
- Paragraph text
- Article 22 of the Covenant establishes a mechanism by which the Economic and Social Council may bring to the attention of relevant United Nations bodies any matters arising out of reports submitted under the Covenant "which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the ... Covenant". While the primary responsibility under article 22 is vested in the Council, it is clearly appropriate for the Committee on Economic, Social and Cultural Rights to play an active role in advising and assisting the Council in this regard.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
International technical assistance measures 1990, para. 8d
- Paragraph text
- [Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies:] Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenants are duly taken into account. This would apply, for example, in the initial assessment of the priority needs of a particular country, in the identification of particular projects, in project design, in the implementation of the project, and in its final evaluation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
International technical assistance measures 1990, para. 7
- Paragraph text
- The second principle of general relevance is that development cooperation activities do not automatically contribute to the promotion of respect for economic, social and cultural rights. Many activities undertaken in the name of "development" have subsequently been recognized as ill conceived and even counterproductive in human rights terms. In order to reduce the incidence of such problems, the whole range of issues dealt with in the Covenant should, wherever possible and appropriate, be given specific and careful consideration.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
International technical assistance measures 1990, para. 5
- Paragraph text
- On the broader issues of the promotion of respect for human rights in the context of development activities, the Committee has so far seen only rather limited evidence of specific efforts by United Nations bodies. It notes with satisfaction in this regard the initiative taken jointly by the Centre for Human Rights and UNDP in writing to United Nations Resident Representatives and other field based officials, inviting their "suggestions and advice, in particular with respect to possible forms of cooperation in ongoing projects [identified] as having a human rights dimension or in new ones in response to a specific Government's request". The Committee has also been informed of long standing efforts undertaken by ILO to link its own human rights and other international labour standards to its technical cooperation activities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo
The nature of States parties’ obligations 1990, para. 11
- Paragraph text
- The Committee wishes to emphasize, however, that even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances. Moreover, the obligations to monitor the extent of the realization, or more especially of the non realization, of economic, social and cultural rights, and to devise strategies and programmes for their promotion, are not in any way eliminated as a result of resource constraints. The Committee has already dealt with these issues in its general comment No. 1 (1989).
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 1990
Párrafo